Sides polarized over proposed pipeline's location

The Stoney Nakoda Nation is waiting with trepidation for a ruling from the Energy Resources Conservation Board that could approve the construction of a proposed Petro Canada pipeline in closer-than-comfortable proximity to the Eden Valley reserve.
"The pipeline goes within 300 metres of the Eden Valley reserve. There is approximately 650 residents (and) normal ERCB rules provide that such a sour gas pipeline, and this is what they call a level three pipeline, cannot go within 1.5 km of the boundary of an urban centre, which would include a village, town, or city," said Douglas Rae, lawyer for the Stoney Nakoda Nation.
However the population density of the Eden Valley reserve, located west of Calgary, suggests that it is not a public facility and does not fall under that umbrella.
As well, points out Rae, "Because this is an Indian reserve it is not considered by the ERCB an urban centre. That 1.5 km setback has not been enforced."
Stoney Nakoda Nation has been active in expressing its concerns to the ERCB over Petro Canada's Sullivan Project, which would see 11 new gas wells and another pipeline.
"Petro Canada has put ... the Sullivan Project forward to the ERCB and there's been a hearing over the past three months where there has been intervening parties, parties who have concerns about the Sullivan Project and have expressed them to the board," says Kyle Happy, the spokesperson for Petro Canada.
The Stoney Nakoda Nation, as an intervening party, has brought forward a number of concerns including environmental and economic implications as well as the evacuation plan.
If the 300-metre proximity remains, high hydrogen sulphide concentrations and the current inability of a prompt and effective evacuation plan could be a problem. Petro Canada has admitted that the hydrogen sulphide levels would range from 10 to 15 per cent and hydrogen sulphide is potentially fatal even beneath one per cent. Complex escape and emergency plans could present problems, as one member of the reserve pointed out, because a sizeable portion of the band is illiterate and unable to comprehend escape plans and routes.
"We're committed to working with Eden Valley to ensure that an effective emergency response plan is in place for the residents," says Happy. "Obviously the plan would include appropriate means of communication, notification, effective methods of shelter in place and protocols for evacuation. Some or all of which may be required in the unlikely event of an emergency."
Stoney Nakoda Nation is also looking for a package that will address the high unemployment rate on the reserve. Happy notes that Petro Canada has provided training in the past where appropriate and "whenever possible we look to hire locally for project specific roles. What's important is the people we do hire have the training and any necessary certification required to meet job requirements in a safe manner."
While there have been discussions on the outstanding issues, Rae says no proposals have been submitted to appease his clients.
Happy says "talks are ongoing" between Petro Canada and Eden Valley residents, with the petroleum company's Aboriginal relations group working directly with Stoney Nakoda Nation.
Rae counters that "talks are ongoing" is the polite way to put it, as the Stoney Nakoda Nation put forth a proposal, which was rejected by Petro Canada.
While Happy concedes he's "not privy to the specifics that were talked about," he does confirm the proposal was turned down "because it wasn't commercially viable. But it's not to say that talks aren't continuing with the Stoney Nakoda Nation."
Stoney Nakoda Nation has made numerous attempts to involve the government of Canada, which owns the Eden Valley reserve, says Rae.
"We take the position that the government has jurisdiction on the reserve. We take the position that the government of Canada has jurisdiction over the health and safety issues of Eden Valley and over any emergency response team that will be needed as a result of the pipeline going adjacent to the reserve," says Rae.
Neither Rae nor Happy are optimistic about the outcome of the hearing. With only written arguments left to be presented, the ERCB could make its ruling on the Sullivan Project within 90 days.